Tag: california hr

Are You Paying the Right Overtime Rate?

Under both California and federal law, nonexempt employees must be paid daily and weekly overtime at the rate of 1.5 times the employee’s “regular rate” of pay. Daily double-time must be paid at 2.0 times the “regular rate.”

Court Clarifies Standards for Mixed-Motive Claims

“Mixed-motive” discrimination claims are among the most confusing kinds of employment cases. A mixed-motive bias claim occurs when an employee alleges that bias was one of the reasons that the employee was terminated or suffered some other kind of adverse employment action. In these cases, the employer asserts that there was a legitimate reason for […]

From the CEA Mailbag: Pay Cuts OK?

I was recently hired as the director of our organization. This organization has never set pay ranges or pay scales for our employees, and we are currently paying some employees well above market rates. The Board of Directors would like to set a new pay scale for all employees, which will result in varying pay […]

Employer’s Free Speech Rights Upheld

The Ninth Circuit Court of Appeals issued an opinion this week denying the application of the National Labor Relations Board (NLRB) to have eight employees of the Santa Barbara News-Press, who were fired for engaging in union activity, reinstated.

PIPs + Progressive Discipline = Caution Required

Performance Improvement Plans — or PIPs — have become a common part of progressive discipline programs. After an initial verbal counseling, many employers use formal PIPs to set specific goals for employee improvement, and to document employee progress or lack of progress in relation to future discipline.

New COBRA Notices You Must Use by 2/17

The American Recovery and Reinvestment Act of 2009 (ARRA) was enacted in February 2009. Among other things, the ARRA provides a COBRA premium subsidy for employees who are laid off or terminated. The subsidy requires employers to pay for 65 percent of a separated employee’s COBRA premium, which the federal government then reimburses to employers.